Journal Article

Some remarks on the international legal personality of individuals

Perišiæ, Petra

2016

Overview

This article analyses the shift from the state-centric system of international law to the system in which other entities such as intergovernmental organisations, and individuals enter the sphere of international legal personality. The main focus falls on the influence of human rights development and the emergence of individual criminal responsibility on the international legal personality of an individual. In spite of the significant changes in the domain of international legal personality, the majority view remains that individuals have not gained the status of international law subjects. This conclusion is based on the notion that individuals, by having rights and duties under international law, acquire some form of international legal personality in certain areas, but that it is states which make this possible. As much as this holds true, the growing role of the individual in international law should be properly acknowledged. Although individuals are not likely ever to become international law subjects equal to states, such identity is not necessary for their recognition as international law subjects.

• Publisher: THE CENTRE FOR FOREIGN AND COMPARATIVE LAW UNIVERSITY OF SOUTH AFRICA,Institute of Foreign and Comparative Law,University of South Africa
• Subject: Criminal justice / Criminal responsibility / Falls / Human rights / Identity / International law / Law / Personality / Personality traits / Responsibility